Connecticut law regulates employers' ability to test employees and job applicants for drug abuse. It provides that employers may conduct drug testing based upon a reasonable suspicion that the employee is under the influence of drugs or alcohol, which adversely affects or could adversely affect the employee's job performance. No action may be taken against an employee or job applicant solely on the basis of a positive drug test unless two separate and independent urinalysis tests have been conducted (on the same sample); the second test must utilize a gas chromatography and mass spectrometry methodology or procedures the Commissioner of Health Services determines to be equal to or better than such methodology. Persons being tested may not be observed while giving urine samples. Test results are to be maintained along with other employee medical records and are subject to all privacy requirements. The law expressly permits employers to prohibit the use of intoxicants during work hours (CT Gen. Stat. Sec. 31-51t et seq.).
Job applicants. Employers may not require a prospective employee to submit to a urinalysis drug test as part of the application procedure unless:
• The prospective employee is informed in writing at the time of application of the employer's intent to conduct a drug test;
• The test is conducted in accordance with the requirements described above; and
• The prospective employee is given a copy of any positive urinalysis drug test result.
The results of the test must be confidential and may not be disclosed to any person other than the employee (CT Gen. Stat. Sec. 31-51v et seq.).
Employees. Employers may not require an employee to submit to a urinalysis drug test unless the employer has “reasonable ...